The decision in Nair v Lagardère Sports And Entertainment UK confirms that an employer's failure to take action can amount to a breach of the implied duty of trust and confidence in the same way as a positive action.
In this case the employer had engaged in a prolonged course of prevaricating and stringing along an employee in relation to a contractual bonus entitlement from two connected group companies. The High Court refused to strike out his claim that the employer's failure to take reasonable steps to procure payment by the connected companies amounted to a breach of the implied duty.
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